AVISTA CORP. v. SANDERS COUNTY

No. CV 05 201 M JCL.

485 F.Supp.2d 1176 (2007)

AVISTA CORPORATION, INC., Plaintiff, v. SANDERS COUNTY, Burlington Northern and Santa Fe Railway Company, Dorrien H. Wolfe, Diane Larson, Leslie Rickey, Sean M. Stephens, James R. Doyle, Bonnie M. Sharp, Ronald Gene Sharp, Ronald Scott Sharp, and Gregory Stewart Sharp, Defendants.

United States District Court, D. Montana, Missoula Division.

March 19, 2007.


Attorney(s) appearing for the Case

Christian T. Nygren, Milodragovich Dale Steinbrenner & Binney, Missoula, MT, for Plaintiff.

Robert L. Zimmerman, Office of Sanders County Attorney, Thompson Falls, MT, Gregory G. Schultz, Law Offices of Gregory Schultz, P.C., Missoula, MT, for Defendants.


ORDER

LYNCH, United States Magistrate Judge.

At issue in this litigation is ownership of a former railroad right of way established under the Northern Pacific Land Grant Act of 1864. The parties have filed cross-motions for summary judgment, which are fully briefed. Following a hearing, and the Court's review of the briefs and other materials of record,

IT IS ORDERED that the individual Defendants' motion for summary judgment is GRANTED, and the...

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